Barry Bonds’ lawyers argue his obstruction of justice conviction today


Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:



As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Report: Athletics sign Trevor Cahill to one-year deal

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Free agent right-hander Trevor Cahill reportedly has a one-year deal in place with the Athletics, according to’s Jane Lee. The exact terms have yet to be disclosed, and as the agreement is still pending a physical, it has not been formally announced by the club.

Cahill, 30, is coming off of a decent, albeit underwhelming year with the Padres and Royals. He kicked off the 2017 season with a 4-3 record in 11 starts for the Padres, then split his time between the rotation and bullpen after a midseason trade to the Royals. By the end of the year, the righty led the league with 16 wild pitches and had racked up a 4.93 ERA, 4.8 BB/9 and 9.3 SO/9 in 84 innings for the two teams.

The A’s found themselves in desperate need of rotation depth this week after Jharel Cotton announced he’d miss the 2018 season to undergo Tommy John surgery. Right now, the team is considering some combination of Andrew Triggs, Daniel Gossett, Daniel Mengden and Paul Blackburn for the back end of the rotation — a mix that seems unlikely to change in the last two weeks before Opening Day, as Lee points out that Cahill won’t be ready to shoulder a full workload by then. Instead, he’s expected to begin the year in the bullpen and work his way up to a starting role, where the A’s hope he’ll replicate the All-Star numbers he produced with them back in 2010.